Asylum Decision....HELP!!!!

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vuvuzella

Registered Users (C)
I received a decision in the mail referring my asylum case to IJ. The case was file after the mandated 1 year deadline but I provided credible material evidence justifying the change in circumstance.

In the referral letter, the AO writes: "Although you have established change in circumstances materially, you fail to file your application within a reasonable time given the change in circumstance."

BUT! The lag time between the change in circumstance and the filing date of my asylum was exactly 2months. I believe that the AO misread the date on the material evidence provided (2009 instead of 2010).

The master hearing date is coming up in 4 weeks. Any suggestions on how to resolve this issue on or prior to the master hearing date? I have not yet retained an attorney. Would you suggest that I hire one?

Thanks in advance for your input.
 
vuvuzilla, did u have attorney? here is what i will tell u about the law!
this looks like "officer belived ur delay in filing within a year but delay is not reasonable and bit too long still and should still have filed earlier than that 2 months delay".

U can file for asylum past one year very strictd eadline if u can show changed circumstances or extraordinary circumstances relating to the delay in filing the application.

the law says even if u show the circumstances, it still has to be filed within a reasonable time. NOT ALL CURCUMSTANCES WILL BE REGARDED AS delay in filing.
SERIOUS ILLNESS, CHANGE IN COUNTRY CONDITION, DEATH OF A LAWYER, SERIOUS MENTAL ILLNESS , these are few of the cuscumstances.

anyway. I am sorry that officer rejected ur request based on filing deadline and it is bit serious as IJ at court will look at it very strictly.

i suggest u to read and study the books of ASYLUM OFFICER'S TRAINING GUIDE, U CNA GOOGLE AND STUDY IT, IT HAS ALL THE DETAILS ON WHAT MEANS A DELAY AND ALL!
urs is simlar to mine, i actually filed over 3 yrs past deadline but I had very strong, credible evidences to prove both change and extraordinary circumstances and veyr strong evidence to prove why it took that long time to file. in court, I was very easily granted asylum cos asylum officer agreed with me 99% of my story and i ahd the officer's note on why she still sent me to court.
AND U R ASKING IF U NEED AN ATTORNEY NOW?

R U KIDDING ME?, U NEED ATTORNEY 100% SPECIALLY UR CASE HAS ERACHED THIS SERIOUSNESS!

I CAN do all by myself but regardless i will have an american to speak for me to the other american judge or officer to be on my side.
good luck
 
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Thank you guys for the response. I will definitely retain an Attorney although I believe I have compelling evidence to explain the 2 month lag in filing. I wished I had explained that to her. Question: is it possible for the judge to render his decision on the master hearing date?
 
NO, just don't think that u have control over ur asylum decision. dont have that much wrong confidence. just study one year deadline law. read what i advised u in post above. hire an attorney now and be prepared to explain to the judge why u failed to file within a reasonable time after filing past 1 year deadline. ur case is in serious situation. If u lose the argument over 1 year deadline and filing within reasonable time after deadline but judge stills found u have efar if u return to ur country, U MAYBE GRANTED WOR and NOT asylum, WOR is given to those asylum seekers that lost the one year deadline battle but found to ahve credible fear if returned to their country.

WOR means legal in US with SS and EAD renewed every year, but nO TRAVEL, NO GC, NO CITIZEN, NO FAMILY PETITION.

If u are still denied WOR< u will be out in deportation proceedings but u can appeal.

stop talking and thinking and start hiring attorney now
 
NO, just don't think that u have control over ur asylum decision. dont have that much wrong confidence. just study one year deadline law. read what i advised u in post above. hire an attorney now and be prepared to explain to the judge why u failed to file within a reasonable time after filing past 1 year deadline. ur case is in serious situation. If u lose the argument over 1 year deadline and filing within reasonable time after deadline but judge stills found u have efar if u return to ur country, U MAYBE GRANTED WOR and NOT asylum, WOR is given to those asylum seekers that lost the one year deadline battle but found to ahve credible fear if returned to their country.

WOR means legal in US with SS and EAD renewed every year, but nO TRAVEL, NO GC, NO CITIZEN, NO FAMILY PETITION.

If u are still denied WOR< u will be put in deportation proceedings but u can appeal.
start hiring attorney now
 
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Their manual itself excuses, as trivial, a filing that is 2 months late. Infact ours was 7 weeks late. I am not sure what an Attorney can do that I can't in terms stating and arguing the obvious facts of the case. I showed up at ICE today trying to resolve the discrepancy between the 800 number date and the one on the NTA since DOJ who's supposedly responsible for setting up the hearing date did not recv our NTA. They could not give me anything concrete but refer me to DOJ clerk of court. I give up. All we have is factual and truthful and we will stand by that in court.
 
One more question:

When I call the 800 number to check the clock, it says the clock is running but gives me the SAME number of days elapsed everyday. What's up with that, help PEOPLE!
 
I think your clock will run again after hearing. But You can always check with customer service. and ask your lawyer (if you ever get one) to check with the judge your clock situation, of course if you'll ask for short date.
 
definitely hire a lawyer, find a good one, start searching from ur friend what lawyer is good, hear from 3-4 ppl, not from only 1 ppl. try to get lawyer that experience helping ppl in ur country getting asylum in US, dont be afraid to hire an expensive one, cause ur life is in stake here.
lawyer is another major factor that can winning ur case, for example in my case, my lawyer is a good friend with the prosecutor, so the result is she didnt ask difficult question in my individual hearing.
 
Thanks Cieru. Thats the plan. It's just a little frustrated to know that what appears to be an oversight is keeping me from freedom. In the 1 year training manual, the distinction is drawn between a delay in filing vs a late filing. A delay in filing (according to their manual) is the lag between the changed circumstance and the actual filing of the application after becoming aware of the changed circumstance. A late filing is decribed as filing over 1 year after last arrival date in US.

In my case, she asserted that I have established changed circumstance that materially affected my DELAY IN FILING, but that I did not file on time after becoming aware of the changed circumstance. I dont see how since only 7 weeks had elapsed. I could only think of one thing; she mistaken the year to be 2009 instead of 2010 which would have made the delay over 14 months.
 
i gav eu best advice and gave u my own example but u dont seem to listen or care, if u don't want to hire an attorney at this stage than same mroe questions to me won't help u.

so no more questions and HIRE LAWYER NOW and than come ask whats and howss
 
jonny1 said:
i gav eu best advice and gave u my own example but u dont seem to listen or care, if u don't want to hire an attorney at this stage than same mroe questions to me won't help u.

so no more questions and HIRE LAWYER NOW and than come ask whats and howss
Click to expand...
I honestly don't think ANYONE cares.
 
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